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Chapter 14: The Courts
Fill-in-the-Blank Quiz
Fill-in-the-Blank Quiz
This activity contains 15 questions.
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The most interesting silence in the Constitution is the omission of any explicit mention of
, the power of the Court to declare state and federal laws and actions null and void when they conflict with the Constitution.
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Marbury sued Madison, claiming that the Secretary of State was obligated to deliver his commission, and asking the Supreme Court to issue a writ of
, a court order compelling an official to act, in order to force Madison to deliver the commission.
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Federal district courts are courts of
; that is, they do not hear cases appealed from other courts.
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The United States is divided into twelve geographic jurisdictions, called
, that hear appeals from the district courts.
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In
courts, new factual evidence cannot be introduced and no witnesses can be called for cross-examination.
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In important cases, appellate courts usually issue an
that sets out the legal reasoning behind its ruling.
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The doctrine of closely following precedent as the basis for legal reasoning is known as
.
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In the past,
was so strong that the appointment process in practice was reversed; senators simply forwarded the name of the person whom they wanted nominated and the White House concurred.
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When the Supreme Court departs from
, it is essentially overruling its own past actions, exercising judicial review of itself.
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The most powerful tool that the Court has for controlling its own agenda is the power to grant or not to grant a writ of
.
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There are three kinds of opinions which the Supreme Court can render; the opinion of the Court, a concurring opinion, and a
opinion.
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With the tremendous increase in the number of class action suits since the 1960s, the Court has shown a greater willingness to impose
that require other governmental bodies to take action.
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Advocates of
believe that the expansion of rights that has occurred since the mid-1960s;such as the right to privacy that formed the basis of the Roe v. Wade decision and new rights for criminal defendants; are illegitimate, having no foundation in the framers' motives or the text of the Constitution.
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Interest groups and social movements attempt to influence public policy through the courts by using
.
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Many test cases take the form of
suits.
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